District Court of Appeal of Florida

A final Department of Environmental Protection (DEP) order approving the permit application filed by applicants and authorizing construction of a condominium complex is reversed pursuant to neighboring homeowners' associations' challenge where the condominium development applicants proposed was not a repair or rebuilding under applicable laws, but actually was a new construction, and the DEP failed to take into account a "reasonably continuous and uniform construction line" factor.

Appellate Information

• Decided 07/06/2006
• Published 07/06/2006

Judges

• BENTON, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Jesse W. Rigby, Esquire and Jeremy C. Branning, Esquire of Clark, Partington, Hart, Larry, Bond & Stackhouse, Pensacola, for Appellants.


• For Appellees:
  
• Sally Bussel Fox, Esquire of Emmanuel, Sheppard & Condon, P.A., Pensacola and Thomas G. Tomasello, Esquire of Thomas G. Tomasello, P.A., Tallahassee, for Appellees, Bobby L. Warner, Joseph W. and Helen M. Belanger and Donald Ray Stephens., Mark S. Miller, Senior Assistant General Counsel and Teresa L. Mussetto, Senior Assistant General Counsel, Tallahassee, for Appellee, State of Florida Department of Environmental Protection.